Florida Bar News

August 1, 2015 Disciplinary Actions

The Florida Supreme Court in recent court orders disciplined 25 attorneys — disbarring two, revoking the licenses of two, suspending nine, and publicly reprimanding 12. Two attorneys were also placed on probation and another was ordered to pay restitution.

Vanessa Dominguez Bandrich, 11 E. Broadway #4D, New York, N.Y., suspended until further order, effective 30 days from a June 1 court order. (Admitted to practice: 2007) Bandrich was found guilty in court of one count of conspiracy to commit immigration fraud and sentenced to one year and one day in the U.S. Bureau of Prisons, followed by one year of supervised release. She was also ordered to forfeit her interest in a money judgment of $4.2 million. (Case No. SC15-993)

Marc A. Ben-Ezra, 4600 Sheridan St., Suite 305, Hollywood, to be publicly reprimanded and further directed to attend ethics school, following a May 14 court order. (Admitted to practice: 1990) Ben-Ezra was a managing partner in a law firm. He violated Bar rules mainly concerning a lack of supervision of employees. In one instance, an outside attorney working for the firm signed numerous affidavits without a notary present. They were subsequently notarized by nonlawyer employees who knew him. In another matter, 12 foreclosure cases were dismissed by a judge because no lawyer from the firm personally attended the case management conferences. The same judge dismissed five cases when no lawyer appeared at the designated hearings. The firm failed to file substitutions of counsel after five associates had left the firm or taken maternity leave. (Case No. SC14-2051)

Thomas Theodore Clifford, 19160 Cypress Green Drive, Lutz, to be publicly reprimanded following a May 26 court order. (Admitted to practice: 1990) Clifford was found in contempt for failing to respond to official Florida Bar inquiries in a timely manner. Clifford was suspended on March 10, 2014, but engaged in the practice of law while suspended. He failed to notify his client and the Department of Administrative Hearings of his suspension. (Case No. SC15-332)

Sean M. Coccia, 1 E. Broward Blvd., Suite 700, Ft. Lauderdale, to be publicly reprimanded by publication in the Southern Reporter, following a May 14 court order. Further, Coccia shall be placed on a six-month non-reporting probation and undergo an office procedures and record-keeping analysis. (Admitted to practice: 2009) Coccia failed to carefully review a document and therefore incorrectly informed a client that her deposition had been cancelled and she did not need to appear. Coccia also failed to appear at two separate hearings, including a pretrial conference that he had improperly calendared. (Case No. SC14-1840)

Joseph Henry Fernandez, 12972 S.W. 136th Terrace, Miami, disbarred effective immediately, following a May 14 court order. (Admitted to practice: 1986) Fernandez continued to practice law after being suspended. (Case No. SC14-341)

Lourdes Esther Ferrer, 2137 N. Commerce Pkwy., Weston, to be publicly reprimanded following a May 15 court order. (Admitted to practice: 2001) Ferrer was found in contempt for failing to respond to official Florida Bar inquiries in a timely manner. (Case No. SC14-2243)

Marcia Vestylena Forsett, 11 Elkhorn Drive, Frostproof, suspended for one year, effective immediately, following a June 2 court order. (Admitted to practice: 2007) Forsett was found in contempt for failing to comply with the terms of a February 18, 2015, court order. Specifically, Forsett was ordered to notify her clients, opposing counsel, and the courts of her status and provide a sworn affidavit to the Bar listing the names and addresses of all persons and entities that received a copy of her suspension order. (Case No. SC15-715)

Thomas P. Fox, 2101 W. Watrous Ave., Tampa, suspended for two years, effective retroactive to April 20, 2014, following a May 8 court order. Further, upon reinstatement, Fox is placed on probation for one year with quarterly certification by a CPA that Fox’s trust accounts are in compliance with Bar rules. He shall also participate in the fee arbitration program. (Admitted to practice: 1976) In several instances, Fox failed to competently represent clients. He often failed to take action on cases, failed to communicate and was unprepared for hearings. In one case, he charged a non-refundable fee but failed to have a written fee agreement. (Case No. SC15-637)

Ariel Manuel Friedler, 1881 N. Nash St., Unit 1506, Arlington, Va., suspended for three years, effective retroactive to June 25, 2014, following a May 8 court order. (Admitted to practice: 2004) Friedler pleaded guilty in court to conspiring to access a protected computer without authorization. In this case, it involved the computer systems of two of his business competitors. He used the usernames and passwords of former clients who had become clients of the competition. (SC14-1186)

Theodore Stewart Fries, Jr. 5465 N.E. 1st Lane, Ocala, suspended for 91 days, effective 30 days from a May 12 court order. (Admitted to practice: 2002) Fries was found in contempt for failing to comply with the terms of a September 26, 2014, suspension order. Specifically, Fries was ordered to notify his clients, opposing counsel, and the courts of his status and provide a sworn affidavit to the Bar listing the names and addresses of all persons and entities that received a copy of his suspension order. (Case No. SC15-201)

Thomas Harold Greene, Jr., 12809 Camellia Bay Drive W., Jacksonville, disbarred effective immediately, following a May 29 court order. (Admitted to practice: 1991) An audit by the Bar revealed multiple instances of misappropriation of client funds and other serious rule violations. Greene commingled his personal assets with his trust account. He also charged and collected excessive contingency fees in 14 personal injury cases. (Case No. SC13-1854)

Paul Aaron Herman, 20423 State Road 7, Suite F6-477, Boca Raton, suspended for six months, effective July 11, following a May 28 court order. (Admitted to practice: 1984) Herman failed to supervise an office administrator whom a client believed to be an attorney. Although a client hired Herman’s firm, she never met or spoke with him. When her bankruptcy case was dismissed for failure to file certain documents, the nonlawyer employee filed a fraudulent order with the court. (Case No. SC14-1951)

Marvin Elliott Katz, 1835 N.E. Miami Gardens Drive No. 176, North Miami Beach, to be publicly reprimanded and further directed to attend ethics school, following a May 14 court order. (Admitted to practice: 1994) Katz was a managing partner in a law firm. He violated Bar rules mainly concerning a lack of supervision of employees. In one instance, an outside attorney working for the firm signed numerous affidavits without a notary present. They were subsequently notarized by non-lawyer employees who knew him. In another matter, 12 foreclosure cases were dismissed by a judge because no lawyer from the firm personally attended the case management conferences. The same judge dismissed five cases, when no lawyer appeared at the designated hearings. The firm failed to file substitutions of counsel after five associates had left the firm or taken maternity leave. (Case No. SC14-2054)

Kevin Thomas McNeeley, P.O. Box 660, Ft. Myers, suspended for 91 days, effective 30 days from a May 8 court order. (Admitted to practice: 2001) McNeeley failed to act with diligence and promptness in representing a client in post-dissolution of marriage proceedings and was held in contempt by the trial court for his failure to appear at required hearings, failure to respond to emails from the court, and failure to return a signed stipulation. McNeeley also failed to participate in the Bar proceedings. (Case No. SC14-1590)

Horace Nathaniel Moore Sr., 1007 S.E. 18th Terrace, P.O. Box 5908, Gainesville, to receive a public reprimand to be administered by the Board of Governors of The Florida Bar, following a May 8 court order. (Admitted to practice: 1981) In handling a personal injury case, Moore hired a physician to assess and treat his client. When a settlement was reached, Moore offered to pay the doctor $1,275 instead of the $3,187.50 that he was billed. When the doctor did not accept his offer, Moore disbursed the settlement funds with the exception of the $1,275, which he maintained in his trust account. (Case No. SC14-1220)

Gary Stephen Ostrow, 3000 N.E. 30th Place, Suite 302, Ft. Lauderdale, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 1982) Ostrow was hired to represent a client in a divorce matter. Throughout the representation, the client spoke only to the paralegal, not to Ostrow directly. The client subsequently became dissatisfied with his ability to communicate with Ostrow and was forced to hire a new attorney. In another matter, Ostrow made multiple court appearances on behalf of a client accused of DUI. Thereafter, due to an oversight, Ostrow missed a court hearing and had not notified the client to appear. As a result, a bench warrant was issued and the client spent four hours in jail. (Case No. SC15-582)

William Earl Ploss, P.O. Box 348340, Coral Gables, to be publicly reprimanded following a May 8 court order. (Admitted to practice: 1978) Ploss was retained to appeal a client’s criminal conviction, but failed to diligently pursue the case. Ploss did not file the initial brief with the appeal court by the due date and it was subsequently dismissed. In a motion to reinstate the appeal, Ploss disclosed information impacting his ability to function effectively during the relevant time period. The client subsequently filed a motion to discharge Ploss as counsel and to have substitute counsel submit an amended brief. (Case No. SC15-581)

Erwin Rosenberg, P.O. Box 416433, Miami Beach, suspended for one year, following a May 28 court order. (Admitted to practice: 1999) Rosenberg failed to provide competent representation to several clients being sued in Miami-Dade County circuit court for breach of contract. He repeatedly failed to comply with court orders and he failed to act in good faith. Further, Rosenberg refused to acknowledge the wrongful nature of his misconduct and he failed to pay any portion of the attorney’s fee award imposed against him. (Case No. SC13-2067)

Lance John Ruffe, 5900 Rolling Road Drive, Pinecrest, to be publicly reprimanded following a May 11 court order. (Admitted to practice: 1999) Ruffe was found in contempt for failing to timely comply with the terms of a September 11, 2014, suspension order. Specifically, Ruffe was ordered to notify his clients, opposing counsel, and the courts of his status and provide a sworn affidavit to the Bar listing the names and addresses of all persons and entities that received a copy of his suspension order. (Case No. SC14-2502)

David Johh Shestokas, 12970 McCarthy Road, Lemont, Ill., to be publicly reprimanded by publication in the Southern Reporter, following a May 8 court order. (Admitted to practice: 2004) In two separate instances, Shestokas failed to timely respond to Bar and grievance committee inquiries. (Case No. SC14-2438)

Shazia Nagamia Sparkman, 313 S. Bungalow Park Ave., Tampa, to be publicly reprimanded following a May 22 court order. (Admitted to practice: 2005) Sparkman failed to provide diligent representation in four separate cases. Her husband and law partner inadvertently overdrew the firm’s trust account; Sparkman was terminated from one dissolution of marriage action because of a lack of communication. Another client seeking dissolution of marriage posted negative comments about Sparkman online and she responded online. Finally, Sparkman was retained but did not complete the work in a timely manner when she was retained to investigate matters regarding stocks in a final dissolution of marriage judgment. (Case No. SC15-639)

Jacob James Stone, 805 Sebastian Blvd., Suite 3, Sebastian. The court granted Stone a disciplinary revocation with leave to seek readmission after five years, effective 30 days from an April 30 court order. (Admitted to practice: 1996) Disciplinary revocation is tantamount to disbarment. Stone had disciplinary charges pending regarding his management of client funds in his trust account. (Case No. SC15-500)

Richard Manuel Viscasillas, 8032 S.W. 103rd Ave., Miami, suspended for 91 days, effective 30 days from an April 30 court order. Further, Viscasillas shall pay restitution of $25,000 to a client. (Admitted to practice: 1989) Viscasillas was retained to represent a couple in a home purchase. When they changed their minds about buying the home, they repeatedly requested that Viscasillas return a $2,500 overpayment and a $22,500 escrow deposit. He refused to refund the money, saying he believed he was entitled to keep the deposit as a result of work performed. (Case No. SC14-430)

Robert L. Wunker, 5080 Annunciation Circle, Unit 303, Ave Maria, to be publicly reprimanded by publication in the Southern Reporter, following a May 8 court order. (Admitted to practice: 1974) Wunker failed to comply with the Bar’s rules regulating trust accounts. A compliance audit of his operating account determined that more than $152,000 was deposited into a bank account for client costs that had yet to be expended, instead of into a trust account. Shortages existed in the operating account at various points in time, but there were no allegations or proof of theft. (Case No. SC15-635)

George Zednek, 413 W. Boynton Beach Blvd., Boynton Beach. The court granted Zednek a permanent disciplinary revocation without leave to seek readmission, effective 30 days from an April 30 court order. (Admitted to practice: 1957) Disciplinary revocation is equivalent to disbarment. Charges that were pending against Zednek included failure to properly supervise a non-lawyer employee. (Case No. SC15-170)

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline.